guilty-plea
365 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-1149 | Michael J. Hymel v. United States | Armed Forces | 2026-04-03 | Pending | appellate-discretion court-martial guilty-plea military-law providence-inquiry standard-of-review | Did the Court of Appeals for the Armed Forces abuse its discretion under 10 U.S.C. § 867 (a)(3) by failing to grant review "upon petition of the accus… | |
| 25-7126 | In Re Tremayne Silas | 2026-04-01 | Pending | IFP | constitutional-rights eighth-circuit guilty-plea habeas-corpus-2255 involuntary-plea mandamus | Whether this Court should summarily reverse the Eighth Circuit Court of Appeals dismissal of the mandamus when it applies to a claim that Silas's guil… | |
| 25-7001 | Ernest Mills v. Louisiana | Louisiana | 2026-03-11 | Pending | Response WaivedIFP | Brady-material certiorari due-process-clause exculpatory-evidence guilty-plea prosecutorial-disclosure | 1. Whether U.S.C.A. Const. Amend. 14 requires state prosecutors to disclose material exculpatory evidence to criminal defendants before the entry of a… |
| 25-6960 | Shameek J. Halls v. United States | Second Circuit | 2026-03-04 | Pending | Response WaivedIFP | due-process guilty-plea plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines | This Court has held that, "[w]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be par… |
| 25-6927 | Marquise Graham v. United States | Sixth Circuit | 2026-03-02 | Denied | Response WaivedIFP | beyond-reasonable-doubt fifth-amendment guilty-plea harmless-error-review sentencing-facts sixth-amendment | What is the test for reviewing for harmlessness a preserved error in the case of a guilty plea, where the error is the government's failure to charge … |
| 25-6871 | Gregory Maxwell Palmer v. United States | Fourth Circuit | 2026-02-23 | Denied | Response WaivedIFP | denaturalization-deportation guilty-plea ineffective-assistance-of-counsel padilla-v-kentucky sixth-amendment unconstitutional-conviction | I. State defense counsel did not advise Palmer that his guilty plea created a substantial likelihood that he would be denaturalized and deported, rend… |
| 25-936 | Nadarius Barnes v. United States | Tenth Circuit | 2026-02-06 | Pending | Response RequestedResponse Waived | appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea | Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t… |
| 25-6710 | Jose Ramon Castillo-Lopez v. United States | Fifth Circuit | 2026-02-04 | Pending | IFP | appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea | 1. Based on his plea agreement's boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner's challenge to his federal senten… |
| 25-6634 | Joseph D. Reaves v. Pennsylvania | Pennsylvania | 2026-01-21 | Denied | Response WaivedIFP | due-process fourteenth-amendment guilty-plea newly-discovered-evidence pcra-petition psychiatric-medical-history | 1. Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle an Petitioner in a PCRA Petition, Notice of Appeal and Allowance of … |
| 25-6627 | Gerald Blaise II v. United States | Ninth Circuit | 2026-01-20 | Pending | IFP | appellate-waiver civil-rights-restoration felony-possession firearm-statute guilty-plea mens-rea | 1. Whether a defendant previously convicted of a felony offense violates 18 U.S.C. §§ 922(g)(1) & 924(a)(2) when, at the time that he possesses a fire… |
| 25-6431 | Edin Anael Solis-Rodriguez v. United States | Fourth Circuit | 2025-12-23 | Denied | Response WaivedIFP | appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing | Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error s… |
| 25-6336 | Joshua J. Lewandowski v. Jefferey Perkins, Superintendent, Coyote Ridge Corrections Center | Ninth Circuit | 2025-12-11 | Denied | Response WaivedIFP | constitutional-rights effective-assistance-counsel fetal-alcohol-syndrome guilty-plea mental-disability sixth-amendment | A. Does the Sixth Amendment to the United State Constitution require Defense Counsel to ensure A mentally disabled defendants guilty plea tod of Congr… |
| 25A610 | Keegan L. Lovell v. United States | Armed Forces | 2025-11-24 | Presumed Complete | child-pornography court-martial due-process guilty-plea military-justice uniform-code-of-military-justice | Question not identified. | |
| 25-6180 | David Craig Milam v. United States | Fourth Circuit | 2025-11-20 | Denied | Response WaivedIFP | criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing | Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 25-6167 | Amir Golestan v. United States | Fourth Circuit | 2025-11-19 | Denied | Response WaivedIFP | denaturalization guilty-plea immigration-consequences rule-11 substantial-rights wire-fraud | Whether the failure to give the Rule 11(b)(1)(O) warning affects the substantial rights of a naturalized United States citizen who could be denaturali… |
| 25A591 | Nadarius Barnes v. United States | Tenth Circuit | 2025-11-19 | Presumed Complete | appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver | Whether, by entering an unconditional guilty plea, a defendant waives his right to appeal the conviction on the basis that the conduct admitted in the… | |
| 25-6142 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-11-17 | Pending | IFP | appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error | I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25-6090 | Derrick Lorenzo Casey v. United States | Fourth Circuit | 2025-11-12 | Denied | Response WaivedIFP | armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error | I. Whether the failure to indict a defendant with the elements of an aggravated offense in violation of the Fifth Amendment is structural error. II. … |
| 25-5998 | Shadon Demetric Edwards v. United States | Eleventh Circuit | 2025-10-30 | Denied | Response WaivedIFP | firearms-offense guilty-plea harmless-error plain-error statutory-interpretation structural-error | Whether errors under Erlinger v. United States, 602 U.S. 821 (2024) are structural errors, or whether they are subject to harmless or plain error revi… |
| 25-5806 | Ricky Dixon v. United States | Eleventh Circuit | 2025-10-06 | Denied | Response WaivedIFP | abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment | Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as… |
| 25A390 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-10-03 | Presumed Complete | appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal | Question not identified. | |
| 25A379 | Edin Anael Solis-Rodriguez v. United States | Fourth Circuit | 2025-10-02 | Presumed Complete | circuit-split guilty-plea plain-error plea-colloquy rule-11 substantial-rights | Whether, under plain-error review, courts properly consider a defendant's failure to object to a Rule 11 plea colloquy error when determining if that … | |
| 25A364 | Jwan L. Hardin v. Indiana | Indiana | 2025-09-29 | Presumed Complete | attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment | Question not identified. | |
| 25-5608 | Gary Jordan v. United States | Tenth Circuit | 2025-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error | I. Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct … |
| 25-5589 | Shane Stevens v. Colorado | Colorado | 2025-09-10 | Denied | Response WaivedIFP | due-process fourteenth-amendment guilty-plea mootness postconviction-relief procedural-default | Whether a state postconviction scheme that bars relief for a guilty plea induced by a sentence later declared void ab initio—on the grounds of proced… |
| 25-5362 | Nathaniel Blancher v. United States | Eleventh Circuit | 2025-08-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement | Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5227 | Derrick Kellen Mitchell v. United States | Sixth Circuit | 2025-07-29 | Denied | Response WaivedIFP | criminal-procedure district-court due-process guilty-plea plea-understanding sixth-circuit | I. Should the Court grant certiorari to consider if the Sixth Circuit has improperly deviated from this Court's requirement, grounded in the Due Proce… |
| 25-5179 | Gerald Lynn Campbell v. United States | Sixth Circuit | 2025-07-23 | Denied | Response WaivedIFP | armed-career-criminal-act erlinger-error guilty-plea harmless-error-review sentencing-enhancement sixth-amendment | This case presents two important questions that impact countless defendants and have divided circuit judges. After Gerald Campbell pled guilty to bei… |
| 24-7520 | Salvador Nolasco Romero v. United States | Tenth Circuit | 2025-06-27 | Denied | Response WaivedIFP | circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error | At a change of plea hearing, Mr. Romero's testimony established every element of his offense. Although Mr. Romero further testified that his motivatio… |
| 24A1216 | Kelechi Collins Umeh v. United States | First Circuit | 2025-06-10 | Presumed Complete | bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error | Whether it is structural error for a court to accept a criminal defendant's guilty plea without informing him of his right to a jury trial. | |
| 24-7355 | Curtis Dewayne Miller v. United States | Sixth Circuit | 2025-06-04 | Denied | Response WaivedIFP | bashara-factors circuit-split counsel-pressure guilty-plea judicial-discretion pre-sentencing-motion | Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made after an initial trial that ended with a hung ju… |
| 24-7231 | Christian Leonardo Franco Posligua v. United States | Fifth Circuit | 2025-05-16 | Denied | Response WaivedIFP | criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction | 1. For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its "preliminary" determination of "jur… |
| 24-7132 | Donovan Jacob Farr v. Texas | Texas | 2025-05-05 | Denied | Response WaivedIFP | constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement | Did the state court disregard this Court's precedent by upholding the constitutional validity of Petitioner's guilty plea despite recognizing the tria… |
| 24-7107 | Brandon A. Dunkleberger v. Illinois | Illinois | 2025-05-01 | Denied | Response WaivedIFP | criminal-procedure due-process essential-elements guilty-plea judicial-precedent plea-validity | Is Illinois bound by this Court's rule that a guilty plea is not valid when the defendant is not informed of the essential elements of the crime? |
| 24-6992 | Mehdi Nikparvar-Fard v. United States | Third Circuit | 2025-04-15 | Denied | Response WaivedIFP | due-process evidence-admissibility fifth-amendment guilty-plea legal-counsel motion-to-withdraw | 1. Whether the district judge's decision to deny the defendant's motion to withdraw his guilty plea violated the defendant's Fifth Amendment right to … |
| 24A807 | Ashu Joshi v. United States | Eighth Circuit | 2025-02-20 | Presumed Complete | as-applied-constitutional-challenge guilty-plea ineffective-assistance-of-counsel marital-status sixth-amendment strickland-standard | Whether defense counsel's performance was deficient—falling below an objective standard of reasonableness—when counsel abandoned constitutional claims… | |
| 24-6562 | Derek Jones v. United States | Second Circuit | 2025-02-13 | Denied | Response WaivedIFP | appellate-review circuit-split due-process factual-basis guilty-plea sentencing-guidelines | 1. What are the admissive effects of a defendant's guilty plea? Specifically, does an unconditional guilty plea admit facts alleged in an indictment o… |
| 24-6550 | Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2025-02-12 | Rehearing | Relisted (2)IFP | constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance strickland-standard | I Did the third Circuit err in misapplication of Strickland and Slack when Brown had made a substantial showing of undisputed factual evidence apparen… |
| 24-6495 | Billy Joe Taylor v. United States | Eighth Circuit | 2025-02-06 | Denied | Response WaivedIFP | circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error | Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t… |
| 24-6345 | Mark Jones v. United States | Ninth Circuit | 2025-01-21 | Denied | Response WaivedIFP | civil-violation criminal-statute guilty-plea immigration-law ninth-circuit statutory-interpretation | 1. Whether "in violation of law" in 8 U.S.C. § 1324(a)(1)(A)(ii) is limited to criminal immigration violations (and does not include civil immigration… |
| 24-6328 | Donald East v. Marty Jackley, Attorney General of South Dakota, et al. | Eighth Circuit | 2025-01-16 | Denied | IFP | actual-innocence criminal-conviction exculpatory-evidence guilty-plea habeas-relief ineffective-assistance | Whether when a factual basis supporting a conviction pursuant to a criminal statute is verifiably false the defendant can still be convicted without a… |
| 24-6261 | Thaddeus J. Culpepper v. United States | Ninth Circuit | 2025-01-10 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness | Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t… |
| 24-6181 | Richard Grier v. United States | Fourth Circuit | 2024-12-20 | Denied | Response WaivedIFP | case-dismissal court-discretion discovery-motion guilty-plea judicial-review sentencing-error | 1. DID THE (MAGISTRATE) COURT ABUSE ITS DISCRETION WHEN IT DENIED (GRIFF'S/PETITIONER'S) MOTION TO RECEIVE DISCOVERY FILES? 2. DID THE (MAGISTRATE) C… |
| 24-6106 | In Re Freeman William Stanton | 2024-12-10 | Denied | IFP | concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing | 1. WHETHER OR NOT THE PETITIONER IS ENTITLED TO BE RESENTENCED IN ACCORDANCE WITH THE TERMS OF THE PLEA AGREEMENT THAT IN VOLVES A "QUID PRO QUO" AND … | |
| 24A483 | Samuel Boima v. United States | Second Circuit | 2024-11-15 | Dismissed | appellate-review constitutional-challenge fourth-amendment guilty-plea search-and-seizure suppression-of-evidence | Question not identified. | |
| 24-5922 | Christopher Gabriel Allen-Shinn v. United States | Fifth Circuit | 2024-11-06 | Denied | Response WaivedIFP | constitutional-interpretation guilty-plea judicial-precedent procedural-standard seven-factor-test withdrawal | Whether the seven-factor test for withdrawing a guilty plea mandated in United States v. Carr , 740 F.2d 339, 343- 44 (5th Cir. 1984) complies with … |
| 24-5595 | David Tran v. United States | Fifth Circuit | 2024-09-20 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea plea-withdrawal voluntariness | If a guilty plea was not entered into knowingly and voluntarily, may it be withdrawn under without inquiry into other factors? |
| 24-247 | Kenneth Kelley v. William S. Bohrer, Warden, et al. | Fourth Circuit | 2024-09-04 | Denied | Response Waived | criminal-procedure due-process guilty-plea habeas-corpus mens-rea vehicular-homicide | Does this Court's clearly established precedent require an explanation and understanding of the elements of each charge to which a defendant pleads gu… |
| 24-5404 | Mani Panoam Deng v. United States | Eighth Circuit | 2024-08-27 | Denied | Response WaivedIFP | constitutional-challenge drug-use firearm-prohibition guilty-plea menna-blackledge-doctrine second-amendment | 1. Under this Court's Menna-Blackledge doctrine, where a challenger's constitutional "claim is that the [Government] may not convict [him] no matter h… |
| 24-5312 | Genaro Medina-Luna v. United States | Ninth Circuit | 2024-08-13 | Denied | Response WaivedIFP | appellate-argument criminal-procedure guilty-plea indictment-waiver jurisdictional-error plea-validity | Is Petitioner's appellate argument, that his waiver of Indictment was invalid, a claim of jurisdictional error that is not waived by an unconditional … |
| 24-5271 | Claude P. Lacombe v. Brian Emig, Warden, et al. | Third Circuit | 2024-08-08 | Denied | Response WaivedIFP | guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice | 1. Under Puckett v. United States , 556 U.S. 129 (2009) and Brecht v. Abrahamson, 507 U.S. 619 (1993), a petitioner seeking habeas relief from a sente… |
| 24-5282 | Darrell Gunn v. New York | New York | 2024-08-08 | Denied | IFP | appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing | WHETHER APPELLANT COUNSEL WAS INEFFECTIVE FOR STRONG APPELLATE CLAIM THAT A WITHDRAWAL OF GUILTY PLEA WAS MADE PRIOR TO SENTENCING? |
| 24-5285 | Ernesto Alba Vasquez v. United States | Fifth Circuit | 2024-08-08 | Denied | Response WaivedIFP | criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report | Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by fa… |
| 24-5266 | Darrell Gunn v. New York | New York | 2024-08-07 | Denied | IFP | capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness | WHETHER CAPITAL DEFENSE TEAM FAILED TO PRESENT MITIGATING EVIDENCE REGARDING THE PETITIONER'S HISTORY OF MENTAL ILLNESS? WHETHER THE NEW YORK STATE C… |
| 24-5236 | Francisco German Alvarez v. United States | Ninth Circuit | 2024-08-06 | Denied | Response WaivedIFP | boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver | In determining the questioned voluntariness of the guilty plea, did the Ninth Circuit impermissibly create confusion when it misapplied the lower stan… |
| 24A37 | Hussein Kadhim Abood Khalaf v. United States | Eighth Circuit | 2024-07-12 | Presumed Complete | deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal | Question not identified. | |
| 24-5029 | Jurgen Marku v. Florida | Florida | 2024-07-09 | Denied | Response WaivedIFP | Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment | Whether it is a violation of a criminal defendant's Confrontation Clause and Due Process Clause rights to allow the prosecution to inform the jury tha… |
| 23-7752 | Mark Edmond Brown, Jr. v. United States | Sixth Circuit | 2024-06-18 | Denied | Response WaivedIFP | appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit | The Sixth Circuit violated Mr. Brown's due process rights by concluding that his right to file a coram nobis petition fell within the scope of his app… |
| 23-7683 | Keon Lamont Lee v. United States | Sixth Circuit | 2024-06-11 | Denied | Response WaivedIFP | appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit | Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences? |
| 23-1278 | Tsai-Fen Lee v. Washington | Washington | 2024-06-06 | Denied | Response Waived | appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea | 1. Whether Trial Court erred in accepting defendant Tsai-Fen Lee to plead guilty when the plea was on its face equivocal. 2. Can Lee's guilty plea be… |
| 23-7640 | Devin Fischer v. North Dakota | North Dakota | 2024-06-05 | Denied | IFP | abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards | Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion? Does the defendant suffer double jeop… |
| 23-7035 | Anderson Garcia v. United States | Second Circuit | 2024-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing | Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23-1022 | Nancy Martin v. United States | Tenth Circuit | 2024-03-18 | Denied | Amici (1) | appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining | Federal Rule of Criminal Procedure 11(b)(3) requires a district court to "determine that there is a factual basis" for a guilty plea before accepting … |
| 23-6980 | Matthew Murphy v. United States | First Circuit | 2024-03-15 | Denied | Response WaivedIFP | bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error | 1. Whether This Court Should Grant This Petition Because The Failure To Exclude The United States District Attorney's Office For the District of Massa… |
| 23-6883 | Shawn David McMinn v. Oklahoma | Oklahoma | 2024-03-01 | Denied | IFP | certiorari constitutional-rights due-process federal-jurisdiction guilty-plea indian-law judicial-review post-conviction preemption supreme-court | Question not identified. |
| 23-6836 | Ruixue Shi, aka Serena Shi v. United States | Ninth Circuit | 2024-02-27 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness | Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d… |
| 23-6823 | Troy Raynard Alexander v. United States | Fourth Circuit | 2024-02-26 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment | QUESTON NUMBER ONE; Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason … |
| 23-6774 | Tremayne Silas v. United States | Eighth Circuit | 2024-02-16 | Denied | Response WaivedIFP | ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal | Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl… |
| 23-888 | Alfredo Felipe Rasco v. United States | Eleventh Circuit | 2024-02-16 | Denied | Response Waived | certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation | Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou… |
| 23-6724 | Terrence Michael Taylor, aka Terrance Michael Taylor v. United States | Tenth Circuit | 2024-02-12 | Denied | IFP | 18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution | In Blackledge v. Perry, 417 U.S. 21 (1974), and Menna v. New York, 423 U.S. 61 (1975), this Court held that a defendant who pleads guilty can still ra… |
| 23-6727 | Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. | Third Circuit | 2024-02-12 | Denied | Response WaivedIFP | criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct | In reference to Petitioner's Guilty Plea and Prosecutorial misconduct, the decisions of the lower courts are contrary to, or involv[ing] an unreasonab… |
| 23-6621 | Adrian Ayala-Garcia, et al. v. United States | Tenth Circuit | 2024-01-30 | Denied | IFP | attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson | I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant's right to… |
| 23-6422 | Raymond J. Kraynak v. United States | Third Circuit | 2024-01-05 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea | I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant… |
| 23-6381 | Roy Jackson v. Louisiana | Louisiana | 2023-12-28 | Denied | IFP | antiterrorism-and-effective-death-penalty-act civil-rights constitutional-violation due-process exculpatory-evidence extraordinary-circumstances guilty-plea habeas-corpus ineffective-assistance right-to-counsel standing | (1). IS GUILTY PLEA CONSTITUTIONALLY INFIRM BASED ON INADEQUATE AND DEFECTIVE BOYKIN COLLOQUY RECORD (2). IS GUILTY PLEA CONSTITUTIONALLY INFIRM INTE… |
| 23-6392 | Phillip Watkins v. United States | Sixth Circuit | 2023-12-28 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | QUESTON NUMBER ONE; Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regar… |
| 23A591 | Jeffri Dávila-Reyes v. United States | First Circuit | 2023-12-27 | Presumed Complete | article-ii circuit-split constitutional-error guilty-plea maritime-drug-law subject-matter-jurisdiction | Question not identified. | |
| 23-6230 | Danille Morris v. United States | Tenth Circuit | 2023-12-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson | When a defendant pleads guilty, does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the defendant from collaterally attacking the sentence becaus… |
| 23-618 | Delano Marco Medina v. Colorado | Colorado | 2023-12-08 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard | Whether it is consistent with due process for a court to convict a criminal defendant without finding that the defendant is guilty. |
| 23-6187 | Jamar Green v. United States | Fourth Circuit | 2023-12-07 | Rehearing | Response RequestedResponse WaivedRelisted (3)IFP | appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights | 1. Whether an uncounseled felony guilty plea is Constitutionally valid when the defendant was not properly warned by the trial court of the perils of … |
| 23-6194 | Christopher Andrew Canales v. Nathan Hoffman, Acting Warden | Sixth Circuit | 2023-12-07 | Denied | IFP | constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea | THE UNITED STATES COURT OF APPEALS HAS DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW THAT HAS NOT, BUT SHOULD BE, SETTLED BY THIS COURT, AS TO: (1) WHE… |
| 23-6099 | Carlos Noe Gallegos v. Texas | Texas | 2023-11-22 | Denied | IFP | circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard | 1. Should the Court resolve the circuit split regarding whether Padilla applies to denaturalization consequences flowing from a guilty plea? 2. Did t… |
| 23-5857 | Jeremy Moody v. Georgia | Georgia | 2023-10-23 | Denied | Relisted (2)IFP | autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion | 1. Whether a guilty plea inherently waives claims that the trial court violated a defendant's autonomy-based rights, such as the right to self-represe… |
| 23-5858 | Anthony Schneider v. United States | Ninth Circuit | 2023-10-23 | Denied | Response WaivedIFP | appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor | A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). The f… |
| 23-5732 | Wayne Harris v. Sergeant Stash, et al. | Third Circuit | 2023-10-10 | Denied | IFP | civil-rights constitutional-rights deportation due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel malicious-prosecution racial-discrimination wrongful-conviction | Petitioner Wayne Harris was accused of selling drugs to a confidential informant following an investigation in Luzerne county Pennsylvania 2003 . The … |
| 23-5734 | Lawrence Flack v. United States | Sixth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement | Whether Appellant counsel Anders brief was inadequate were evidence exist that Appellant Constitutional rights were violated, double jeopardy rightsI.… |
| 23A314 | Matthew C. Spaeth v. United States | Tenth Circuit | 2023-10-10 | Presumed Complete | attorney-client-communications collateral-review guilty-plea prosecutorial-misconduct section-2255-motion tollett-v-henderson | Question not identified. | |
| 23A259 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-09-21 | Presumed Complete | appeal-waiver cfaa-authorization computer-fraud-and-abuse-act guilty-plea sufficiency-of-factual-basis van-buren | 1. This case presents an important question on which circuits are split: whether appellate courts can refuse to consider a challenge to the sufficienc… | |
| 23A222 | Jong Whan Kim v. United States | Fourth Circuit | 2023-09-07 | Presumed Complete | criminal-procedure guilty-plea mens-rea nature-of-charges ruan-v-united-states rule-11-colloquy | Question not identified. | |
| 23-5445 | William Bazemore v. United States | Second Circuit | 2023-08-25 | Denied | Response WaivedIFP | abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal | I WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT DENIED DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA AND FAILED TO MAKE FACTUAL FINDINGS N… |
| 23-5312 | In Re Brian D. Smith | 2023-08-09 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal | Is Smith's plea of guilty invalid because he was not informed of the true nature of his crime and was misled and misinformed by his court-appointed pu… | |
| 23-5205 | Steven Lesane v. United States | Second Circuit | 2023-07-26 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation | I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient… |
| 23-5195 | Cynthia Kaye Wood v. Texas | Texas | 2023-07-25 | Denied | IFP | constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea | In Texas, the ens rea for attempted capital murder is a specific intent to kill. The defendant did not know this. Thus, she pled guilty although she h… |
| 23-5102 | Taiwo K. Onamuti v. United States | Seventh Circuit | 2023-07-14 | Denied | Response WaivedIFP | 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation | 1) Can an original guilty plea be completely knowing and voluntary, when the government, and the district court wrongly advised defendant about couns… |
| 23-5059 | Savon Hardaway v. United States | Fourth Circuit | 2023-07-07 | Denied | Response WaivedIFP | career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error | I. Mr. Hardaway pleaded guilty to a felon in possession charge. The district court arraigned Mr. Hardaway after this Court's decision in Rehaif v. Uni… |
| 23-5016 | Jonathan Limbrick v. United States | Fifth Circuit | 2023-07-03 | Denied | Response WaivedIFP | abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 | DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. LIMBRI CK'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE … |
| 22-7822 | Darwin Powell v. United States | Fifth Circuit | 2023-06-21 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea | Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 22-7697 | Kenneth Brown, Jr. v. Pennsylvania, et al. | Pennsylvania | 2023-06-02 | Denied | Response RequestedRelisted (2)IFP | act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio | I. Whether Act B4, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional on its Face as Violative of the Commonwealth of Pennsylvania Constitution and/or the … |
| 22-7605 | Sealed Appellant v. United States | Ninth Circuit | 2023-05-22 | Denied | Response WaivedRelisted (2)IFP | bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief | Did the government act in bad faith by denying 18 U.S.C. § 3553(e) relief to Petitioner when, after securing his guilty plea with the promise that it … |
| 22-7566 | Byron Keith Howard v. United States | Fourth Circuit | 2023-05-16 | Denied | Response WaivedIFP | automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea | Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the… |
| 22-7459 | Joseph Church v. United States | Fifth Circuit | 2023-05-04 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing | I. Whether it is harmless error when a guilty plea is obtained in violation of due process of law when a judgment of conviction is entered without pro… |
| 22-7272 | Christopher Ernest Martinez v. United States | Fifth Circuit | 2023-04-13 | Denied | Response WaivedIFP | criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court | Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court… |
| 22-7225 | Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2023-04-06 | Denied | Response WaivedIFP | constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court | 1.) Whether a trial court is constitutionally required to conduct an extensive inquiry into, and make a judicial finding of, the factual basis of a gu… |
| 22-7229 | Manuel Ovante, Jr. v. Arizona | Arizona | 2023-04-06 | GVR | IFP | capital-murder due-process guilty-plea judicial-misrepresentation lynch-v-arizona parole parole-eligibility sentencing simmons-v-south-carolina | 1. Should this Court grant certiorari, vacate the decision below, and remand this case, as it did with six similarly situated petitioners in Burns v. … |
| 22-7076 | Servando Pineda-Valdez v. United States | Fifth Circuit | 2023-03-23 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari | Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du… |
| 22-7084 | Christopher Daniel Lutker v. Michigan | Michigan | 2023-03-23 | Denied | IFP | criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion | x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP A fiESrACOM uMTL… |
| 22-7057 | Raymond Pniewski, Jr. v. Fredeane Artis, Acting Warden | Sixth Circuit | 2023-03-22 | Denied | Response WaivedIFP | boykin-standard boykin-v-alabama constitutional-rights court-advisement due-process guilty-plea involuntary-plea judicial-procedure people-v-jaworski | (1) Do THE RULINGS OF BOYKIN v_ ALABAMA, 395 U.S. 238 (1969), AND PEOPLE v JAWORSKI, 387 MI 21 (1972), VIOLATE PETITIONER'S CONSTITUTIONAL AND DUE PRO… |
| 22-7046 | Valdamir Fred Morelos v. California | California | 2023-03-21 | Dismissed | IFP | autonomy-right capital-defendant capital-defendants counsel-consent due-process guilty-plea mccoy-v-louisiana penal-code penal-code-section-1018 right-to-autonomy sixth-amendment | Does California's Penal Code Section 1018, which bars a capital defendant from pleading guilty without the consent of his counsel, violate capital def… |
| 22-7032 | Scott Lynn Fishbein v. United States | Fifth Circuit | 2023-03-17 | Denied | Response WaivedIFP | 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel | Should a certificate of appealability have been issued by the court of appeals for review of an appeal of the denial of a 28 U.S.C. §2255 which presen… |
| 22-6942 | Kwame Burrell v. Willis Chapman, Acting Warden | Sixth Circuit | 2023-03-06 | Denied | Response WaivedIFP | 14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution | THE TRIAL COURT FAILED TO PROTECT PETITIONER'S FUNDAMENTAL DUE PROCESS RIGHT TO SUBSTITUTE APPELLATE COUNSEL SUBSEQUENT TO HIS GUILTY PLEA WHEN ORIGIN… |
| 22-6656 | Randy Lee Stapleton v. United States | Ninth Circuit | 2023-01-30 | Denied | Response WaivedIFP | appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw | After learning of the objective evidence (body camera video footage) documenting an unlawful warrantless search and seizure, the defendant moved to wi… |
| 22-6556 | Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States | First Circuit | 2023-01-18 | Denied | Response WaivedIFP | criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction | 1. Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence. 2. Whether the district … |
| 22-6527 | William Langley, Jr. v. United States | Fourth Circuit | 2023-01-11 | Denied | Response WaivedIFP | 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation | SHOULD THE COURT FIND PETITIONER'S CONVICTION FOR '924(c) et al. UNCOUNSTITUTIONAL "use" and "carry" of 924(c) a due process violation that warrants a… |
| 22-6486 | Atiq Weston v. Michael Capra, Superintendent, Sing Sing Correctional Facility | Second Circuit | 2023-01-09 | Denied | Response WaivedIFP | constitutional-claims constitutional-rights dna-testing due-process extraordinary-relief false-evidence false-testimony guilty-plea new-trial newly-discovered-evidence post-conviction | Question not identified. |
| 22-6431 | Philip Johnson v. Illinois | Illinois | 2022-12-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion | (1) Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment. (2) Whether the sentencing process mandated … |
| 22-6349 | Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2022-12-20 | Denied | Response WaivedIFP | 28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings | Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a writ… |
| 22-6288 | Mangwiro Sadiki-Yisrael v. United States | Eleventh Circuit | 2022-12-13 | Denied | Response WaivedIFP | base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max | Whether in a RICO conspiracy case the government is required to prove a defendant's mens rea and knowledge of first-degree murder to establish the sta… |
| 22-536 | Eliezer Alberto Jimenez v. United States | Sixth Circuit | 2022-12-12 | Denied | constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights | This case presents a recurring constitutional question of exceptional importance. The Court has said in a variety of contexts that "the government may… | |
| 22-537 | Ramy Eid Zaki Hakim v. United States | Ninth Circuit | 2022-12-12 | Denied | Response Waived | due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal | When Can a Defendant, Induced to Enter a Guilty Plea by the Government's Promise to Assist the Defendant with His Immigration Status, Move to Withdraw… |
| 22-527 | Sammy Jay Riddle v. Texas | Texas | 2022-12-07 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure | I. Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective assistance of counsel claim without conducting an e… |
| 22-6013 | Damian Robert Guthary v. United States | Fourth Circuit | 2022-11-08 | Denied | Response WaivedIFP | 18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation | Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error arising from his guilty plea under 18 U.S.C. § 922(g) where the… |
| 22-5900 | Robert Bethel v. Ohio | Ohio | 2022-10-25 | Denied | IFP | brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea impeachment-evidence united-states-v-ruiz | Whether there is a fundamental difference between material exculpatory and impeachment evidence when a guilty plea is involved, and does due process r… |
| 22-5746 | Chrystal Clues-Alexander v. Louisiana | Louisiana | 2022-10-04 | Denied | Response WaivedIFP | constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury | Whether this Court's decision in Ramos v. Louisiana, 590 U.S. ___ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty be… |
| 22-5724 | In Re Chad Small | 2022-09-30 | Denied | IFP | compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment | 1) WHETHER PETITIONER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL 2) WHETHER THE GUILTY PLEA WAS KNOWINGLY, INTELLIGENTLY… | |
| 22-5711 | Joshua Austin Kramer, aka Benjamin Franklin v. United States | Fourth Circuit | 2022-09-29 | Denied | Response WaivedIFP | criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea | Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 22-176 | James Burkhart v. United States | Seventh Circuit | 2022-08-29 | Denied | Response Waived | 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment | Under Cuyler v. Sullivan, 446 U.S. 335 (1980), to establish a Sixth Amendment violation, a defendant must prove that his lawyer had an "actual conflic… |
| 22-5383 | Lynn M. Giovanni v. New Jersey | New Jersey | 2022-08-18 | Denied | IFP | criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal | DOES THE ACTION/INACTION OF DEFENSE COUNSEL, IN FAILING TO UTILIZE OR UNDER-UTILIZING THE FAVORABLE PSYCHATRIC REPORTS COMPILED FOR THE DEFENSE IN ASS… |
| 22-5283 | Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. | Third Circuit | 2022-08-04 | Denied | Response WaivedIFP | consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy | 1. Whether trial counsel's Sixth Amendment duties to a client during the guilty-plea negotiation stages require him to affirmatively assist a client i… |
| 22-5191 | Anis Blemur v. United States | Eleventh Circuit | 2022-07-26 | Denied | Response WaivedIFP | abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand | Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold… |
| 21-8203 | Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs | Third Circuit | 2022-06-22 | Denied | Response WaivedIFP | criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation | Did Appellant receive ineffective assistance of counsel, in violation of her Sixth Amendment Right, beginning at the Bucks County PA Court of Common P… |
| 21-8173 | Vincent Raymond Rios v. United States | Ninth Circuit | 2022-06-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining | Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reason… |
| 21-8120 | Willie Alfred Green v. Delijah Washington | Eleventh Circuit | 2022-06-10 | Denied | Response WaivedIFP | brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment | Are Brady Claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence? Does a guilty plea waive a… |
| 21-8086 | Jeremiah F. Wooden v. Massachusetts | Massachusetts | 2022-06-08 | Denied | Response WaivedIFP | criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment | 1. Whether, under the Sixth Amendment, plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before his clie… |
| 21-8045 | Marcellus Overton v. United States | Second Circuit | 2022-06-03 | Denied | Response WaivedIFP | brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez | 1. When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the "mate… |
| 21-8036 | Jason Slaughter v. Delaware | Delaware | 2022-06-02 | Denied | Response WaivedIFP | constitutional-rights guilty-plea IAD-rights ineffective-assistance ineffective-assistance-of-counsel procedural-default speedy-trial waiver | Did petitioner's attorney provide ineffective assistance of counsel sufficient to constitute cause for a procedural default by advising petitioner tha… |
| 21-7922 | Jason Michael Ehret v. United States | Fifth Circuit | 2022-05-19 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction | Does an uncounseled guilty plea — where defense counsel was suspended and thus "ineligible to practice in federal court" at that time -- constitute a … |
| 21-7866 | Carlos Alberto Zamudio v. United States | Fifth Circuit | 2022-05-13 | Denied | Response WaivedIFP | appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea | Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 21-7840 | Hazhar A. Sayed v. Colorado | Colorado | 2022-05-11 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel | 1) Mr, Sayed's Plea was not entered Knowingly, intelligently and voluntarily because his plea counsel failed to adequately advise him that he would be… |
| 21-7758 | Donald W. Estell v. United States | Eighth Circuit | 2022-05-02 | Denied | Response WaivedIFP | due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony | Should this court apply the Napue Due Process for a defendant whom pleads guilty, in addition, apply the Napue Due Process to the Rule requirement? W… |
| 21-7723 | Freddie Galan v. United States | Fifth Circuit | 2022-04-27 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review | Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w… |
| 21-7706 | Irving Ernesto Arias v. United States | Fifth Circuit | 2022-04-26 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing | DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. ARIAS'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN A… |
| 21-7570 | Vander Clayborne v. Pennsylvania | Pennsylvania | 2022-04-07 | Denied | IFP | criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing | In every jurisdiction of the United States - both federal and State - there is a balancing test for deciding whether a court's decision to deny a Crim… |
| 21-7225 | Milton Lattimore v. Illinois | Illinois | 2022-02-28 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness | Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho… |
| 21-7171 | Robin Lee Sherwood v. George A. Neotti, Warden | Ninth Circuit | 2022-02-22 | Denied | Response WaivedRelisted (2)IFP | competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington | In evaluating the prejudice prong of habeas petitioner Robin Sherwood's ineffective assistance of counsel claim concerning his competency to plead gui… |
| 21-7074 | Benny Dennis v. United States | Fifth Circuit | 2022-02-08 | Denied | Response WaivedIFP | certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent | 1) Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the court to justify the denial of a certificate of a… |
| 21-1042 | David Minnick v. Dan Winkleski, Warden | Seventh Circuit | 2022-01-26 | Denied | Response Waived | criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington | 1. Whether the "reasonableness" standard for assessing deficient performance of defense counsel under Strickland v. Washington, 466 U.S. 668 (1984), a… |
| 21-6832 | Douglas D. True v. Dexter Payne, Director, Arkansas Division of Correction | Arkansas | 2022-01-12 | Denied | Response WaivedIFP | actual-innocence constitutional-mandate due-process guilty-plea habeas-corpus jurisdiction plea-voluntariness supreme-court-review | 1) Has the Supreme Court overruled Boykin v. Alabama, 395 U.S. 238 holding that there was reversible error where the record did not disclose that the … |
| 21-6749 | Matthew Sullivan v. Daniel Sproul, Warden | Seventh Circuit | 2021-12-30 | Denied | Response WaivedIFP | brady-v-united-states criminal-procedure guilty-plea legal-clarification misinformation plea-validity post-conviction post-conviction-relief sentencing-enhancement statutory-penalty | May a criminal defendant attack the validity of his guilty plea when a post conviction clarification in law reveals that he was misinformed regarding … |
| 21-6711 | Darius Smith v. United States | District of Columbia | 2021-12-22 | Denied | Response WaivedIFP | competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment | 1. Whether Petitioner's Fifth Amendment right to Due Process was violated where the record demonstrated that he had mental illness and intellectual di… |
| 21-6656 | Azizjon Rakhmatov v. United States | Second Circuit | 2021-12-17 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias | Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la… |
| 21-6630 | Daniel A. Rodriguez v. United States | Eleventh Circuit | 2021-12-16 | Denied | Relisted (2)IFP | 28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights | Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(… |
| 21-6557 | Tekoa Glover v. United States | Fourth Circuit | 2021-12-10 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal | DID THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERR BY RULING THAT MR. GLOVER WAIVED HIS SIXTH AMENDMENT CLAIMS BY ENTERING A GUILTY PLE… |
| 21-6416 | Bradford S. Davic v. Ohio | Ohio | 2021-11-24 | Denied | Response WaivedRelisted (2)IFP | appellate-review constitutional-rights due-process guilty-plea mandatory-sentences mandatory-sentencing sex-offender-registration trial-court-notification void-plea | FIRST QUESTION PRESENTED FOR REVIEW: IS A PETITIONER DENIED DUE PROCESS OF LAW, AND IS HIS GUILTY PLEA VOID, WHERE HIS PLEA WAS NOT ENTERED KNOWINGLY… |
| 21-6369 | Jeremy Denson v. Texas | Texas | 2021-11-22 | Denied | Response WaivedIFP | boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development | Judges must ensure defendants fully understand the consequences of their guilty pleas. Boykin v. Alabama requires judges to use "the utmost solicitude… |
| 21-6073 | John Ray Falk, Jr. v. Texas | Texas | 2021-10-27 | Denied | IFP | accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant | (1) Given that Due Process requires that a guilty plea be "knowing and intelligent," when a pro se defendant seeks to plead guilty to a death-eligible… |
| 21-603 | Ohio v. George Brinkman | Ohio | 2021-10-26 | Denied | Amici (1) | automatic-reversal boykin-advisement boykin-v-alabama constitutional-rights due-process fourteenth-amendment guilty-plea plea-review presumption-of-prejudice standard-of-review | 1. Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibit review of the entire record to determine whether… |
| 21-5967 | Zenon Grzegorczyk v. United States | Seventh Circuit | 2021-10-15 | Denied | Relisted (11)IFP | collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver | Pursuant to this Court's holding in Class, does an unconditional guilty plea, by itself, waive a defendant's right to challenge his conviction under §… |
| 21-5906 | Michael Jerome Pettway v. United States | Sixth Circuit | 2021-10-05 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment | QUESTION NUMBER ONE: Whether Petitioner Pettway's ex-lawyer provided him with ineffective assistance of counsel by failing to object to.Rule 11 (b) … |
| 21-5601 | Abdullah Hamidullah v. United States | Eleventh Circuit | 2021-09-08 | Denied | Response WaivedIFP | colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing | 1. DID. THE DISTRICT'COURT VIOLATE THE DEFENDANT'S SUBSTANTIAL DUE PROCESS RIGHTS DURING THE MANDATORY RULE 11 COLLOGUY? 2. DID THE COURT ERR WHEN TH… |
| 21-5490 | Joseph Montrel Bourgeois v. Texas | Texas | 2021-08-26 | Denied | Relisted (2)IFP | civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search | ©Can a trial Court mm a rd/dof /) Deadly UJEAPOU ? TART OJfiS A/qT STIPULATED XU THE' PLEA) AQREEMEHT ? ® "-'S£ '" to-nm umi& smessumm fS\ nnp pjEnj… |
| 21-192 | Gregory S. Simpson v. United States | Armed Forces | 2021-08-11 | Denied | Response Waived | aiding-and-abetting contraband criminal-liability due-process guilty-plea mens-rea statutory-construction | 1. Is it a constitutional due process violation for Petitioner's guilty plea to distribution of indecent images to be accepted based on a theory that … |
| 21-5340 | Gerald Allen Hiler v. United States | Ninth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing | Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 21-122 | Davin Seth Waters v. United States | Fifth Circuit | 2021-07-28 | Denied | Response Waived | criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness | 1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 21-5142 | Michael Angelo Williams v. United States | Sixth Circuit | 2021-07-20 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea | Whether this honorable Court should grant certiorari to review whether Mr. Williams should have been permitted to withdraw his guilty plea, which requ… |
| 21-5042 | John Shields v. United States | Sixth Circuit | 2021-07-08 | Denied | IFP | controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine | I. Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine as justificatio n for refusing to review an insufficiency of the evide… |
| 20-1825 | Jeffrey McClatchy v. Texas | Texas | 2021-07-01 | Denied | brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz | 1. RELEVANT ISSUES : Brady v. Maryland , 373 U.S. 83 (1963), enshrined the principle that the prosecu-tion is obligated to provide a criminal defendan… | |
| 20-8369 | Clarence Clark v. United States | Second Circuit | 2021-06-21 | Denied | Response WaivedIFP | 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation | Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent, when it denied Mr. Clark's c… |
| 20-8286 | Kemon Dominique Thompson v. United States | Eleventh Circuit | 2021-06-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | categorical-approach constitutional-error crime-of-violence guilty-plea hobbs-act-robbery jurisdiction jurisdictional-challenge statutory-interpretation united-states-v-davis | 1. Whether Mr. Thompson's plea of guilty to brandishing a firearm in furtherance of a crime of violence was voluntary, knowing, and intelligent, where… |
| 20-8247 | Marcus Darwyn Jones v. United States | Fifth Circuit | 2021-06-09 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver | 1. Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing. 2.… |
| 20-8267 | Christopher Jermaine Kelley v. United States | Sixth Circuit | 2021-06-09 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining | Did the United States District Court for the Middle District of Tennessee and the United States Court of Appeals for the Sixth Circuit err in denying … |
| 20-8170 | Ronnie Ray Ogle v. Mike Parris, Warden | Sixth Circuit | 2021-05-27 | Denied | Response WaivedIFP | aedpa-standard due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea judicial-discretion recusal statute-of-limitations | Whether the state's adjudication - or lack thereof- of Petitioner's Tennessee Rules of Civil Procedure Rule 60(b) Motion, Tennessee Rules of Criminal … |
| 20-8135 | Gregg McNamara v. Rob Bonta, Attorney General of California | Ninth Circuit | 2021-05-25 | Denied | Response WaivedIFP | coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment | 1) Under the Sixth Amendment right to know the nature and the cause of the action against a person, can a person convicted while suffering from sever… |
| 20-8111 | Taariq Kaaleeq Jackson-Bey v. United States | Eighth Circuit | 2021-05-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief | Question not identified. |
| 20-8091 | Steven Zapata v. Kentucky | Kentucky | 2021-05-20 | Denied | Response WaivedIFP | competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington | I. Does the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-8073 | Damari Jennings v. Louisiana | Louisiana | 2021-05-19 | Denied | Response WaivedIFP | alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment | Under the requirements of Boykin v. Alabama, was Jennings denied due process and equal protection when the trial court refused to allow him to withdra… |
| 20-8068 | Stephen Mark McDaniel v. Edward Philbin, Warden | Georgia | 2021-05-18 | Denied | Response WaivedRelisted (2)IFP | certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey | This case presents several issues of fundamental importance to the legitimacy of the United States' court system and the right of its citizens to be h… |
| 20-7870 | Scott Raymond Tignor v. United States | Tenth Circuit | 2021-04-28 | Denied | IFP | appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary | When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-1439 | Phillip Dwayne Loyd v. United States | Eighth Circuit | 2021-04-14 | Denied | Response Waived | actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus | I. The district court denied Petitioner's application for a writ of habeas corpus without an evidentiary hearing because Petitioner's factual allegati… |
| 20-7740 | Jason Robert Vickers v. Kenneth Diggs, Warden | Fourth Circuit | 2021-04-14 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction | Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular… |
| 20-7764 | Jamil Stefon Carter v. O'Bell T. Winn, Warden | Sixth Circuit | 2021-04-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal | Ground Ona: DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE PETITIONER DID NOT KNOW HIS GUILTY PLEA WAIVED HIS RIGHT TO APPEAL THE DENIAL OF THE PRE-TRIAL… |
| 20-7724 | John K. Wilson v. Rosemary Ndoh, Warden | Ninth Circuit | 2021-04-12 | Denied | Response WaivedIFP | constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings | Is a state court's ruling that a criminal defendant's guilty plea was "voluntary" a constitutional question under the Fourteenth Amendment, subject to… |
| 20-7672 | James Michael Garcia v. United States | Ninth Circuit | 2021-04-07 | Denied | Response WaivedIFP | assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury | WHETHER, AFTER A DEFENDANT PLEADS GUILTY TO FELONY CHILD ABUSE, THE GOVERNMENT MAY STILL PURSUE A CHARGE OF ASSAULT RESULTING IN SERIOUS BODILY INJURY… |
| 20-7604 | Christopher Johnson v. United States | Ninth Circuit | 2021-03-31 | Denied | IFP | appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif | I. When an indictment fails to allege an essential mens rea element, may the appellate court assume the indictment still alleges a federal offense and… |
| 20-1356 | Eduardo Lopez v. United States | Eleventh Circuit | 2021-03-25 | Denied | appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states | 1. Following Class v. United States, 138 S. Ct. 798 (2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to app… | |
| 20-7467 | Timothy Wayne Carver v. United States | Eleventh Circuit | 2021-03-17 | Denied | Response WaivedIFP | criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from … |
| 20-7429 | William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-03-11 | Denied | Response WaivedIFP | appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief | Whether a reasonable jurist could debate whether Petitioner made a substantial claim where: i) Counsel failed to move for mental examination for plead… |
| 20-7394 | Joaquin Ramos De La Cruz v. United States | Fifth Circuit | 2021-03-09 | Denied | IFP | 18-usc-922 18-usc-924 armed-career-criminal-act categorical-approach circuit-split divisibility felon-in-possession guilty-plea knowledge-requirement sentencing-enhancement statutory-interpretation structural-error | I. Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), witho… |
| 20-7291 | John L. Harris v. Illinois | Illinois | 2021-03-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court | Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th… |
| 20-7300 | Robbull Bryant v. United States | Second Circuit | 2021-03-02 | Denied | Relisted (2)IFP | 2nd-amendment constitutional-challenge conviction criminal-procedure due-process guilty-plea plain-error rehaif rehaif-error second-circuit standing | Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and VI and this Court's decision in Rehaif when it denied Bryant's co… |
| 20-7282 | Earl Malloy v. United States | Second Circuit | 2021-03-01 | Denied | IFP | 18-usc-922g criminal-law criminal-procedure due-process firearms-offense guilty-plea rehaif-standard rehaif-v-united-states sentencing statutory-interpretation | Whether this petition should be held pending the decision in United States v. Gary, No. 20-444, given that both this petition and Gary present the sam… |
| 20-7182 | Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2021-02-19 | Denied | Response WaivedIFP | appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights | Issue 1: Whether the appellate court erred in concluding that petitioner was not denied his right to counsel when the state court accepted petitioner'… |
| 20-1129 | Scott Phillip Flynn v. United States | Eighth Circuit | 2021-02-17 | Denied | Amici (1) | constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment | L. Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States, 394 U.S. 459 (1969) and more recent de… |
| 20-7152 | Brian Hook v. Indiana | Indiana | 2021-02-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment | Whether the Indiana Courts erred denying Petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth A… |
| 20-7156 | Faizal Sabar, aka Brian Pimentel v. United States | Fifth Circuit | 2021-02-16 | Denied | Response WaivedIFP | criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals | Whether the decision of the United State s Cour t of Appeals for the Fifth Circuit ("Fifth Circuit")–whi ch affirmed the District Cour t's denial of M… |
| 20-7124 | George Skylar Cloud v. United States | Ninth Circuit | 2021-02-11 | Denied | Response WaivedIFP | criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers | Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to … |
| 20-1095 | Darius Wayne Haws v. Idaho | Idaho | 2021-02-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement | Whether a criminal defendant's purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the D… |
| 20-7062 | Alfred L. Cross v. United States | Seventh Circuit | 2021-02-05 | Denied | Response WaivedIFP | bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining | Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t… |
| 20-7036 | Emmanuel Ravell v. United States | Fifth Circuit | 2021-02-04 | Denied | Relisted (2)IFP | automatic-relief circuit-split criminal-law felon-in-possession firearm-possession guilty-plea plain-error rehaif structural-error | Petitioner asks this Court to grant review to determine whether a guilty plea to possessing a firearm as a felon in violation of 18 U.S.C. 922(g)(1) a… |
| 20-6862 | Montecarlos Gant v. United States | Eighth Circuit | 2021-01-13 | Denied | Relisted (2)IFP | appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights | (1) When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic revers… |
| 20-6802 | Noel Jones v. United States | Fifth Circuit | 2021-01-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error | (1) If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has… |
| 20-6730 | Jose Lupe Corrall v. United States | Fifth Circuit | 2020-12-31 | Denied | Response WaivedIFP | controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation | 1. Under McFadden v. United States, ---U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substan… |
| 20-6726 | Jamie Betances v. United States | First Circuit | 2020-12-30 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines | Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th… |
| 20-6727 | Sergio Avalos v. United States | Ninth Circuit | 2020-12-30 | Denied | Response WaivedIFP | criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal | Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted "fair and j… |
| 20-6714 | Jevonne Martell Coleman v. United States | Eighth Circuit | 2020-12-29 | Denied | Relisted (2)IFP | appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights | (1) When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic revers… |
| 20-6706 | Roberto Degollado v. Texas | Texas | 2020-12-23 | Denied | IFP | and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining | 1. Is a defendant's open plea of guilty to engaging in the knowing or intentional conduct required to prove a murder charge valid when the plea colloq… |
| 20-6610 | Luis Sanabria-Robreno v. United States | Third Circuit | 2020-12-11 | Denied | Relisted (2)IFP | 18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states | When defendant s plead guilty, this Court's precedent —consistent with due process —require s that they understand the offense's essential elements. I… |
| 20-6598 | Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2020-12-10 | Denied | IFP | civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment | Whether the petitioner is entitled to step through the gateway of equitible tolling? 1. Whether state courts determinations of trial counsels effecti… |
| 20-6601 | Savannah Sifuentes v. United States | Fifth Circuit | 2020-12-10 | Denied | Relisted (2)IFP | appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver | 1. Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits th… |
| 20-6583 | Edgar Espinoza v. United States | Ninth Circuit | 2020-12-09 | Denied | Relisted (2)IFP | constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment | 1. Circuit courts are split on whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea … |
| 20-6511 | Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States | First Circuit | 2020-12-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment | 1. Whether This Court Should Grant This Petition Because The First Circuit's Judgment Affirming The District Court's Judgment Violates Mr. Lugo-Guerre… |
| 20-6405 | Joshua Cato v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation | 1. Under McFadden v. United States, --U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to "knowingly" distributing a controlled substanc… |
| 20-6305 | Roosevelt Leon Cooper v. United States | Eleventh Circuit | 2020-11-13 | Denied | Relisted (2)IFP | criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error | Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle… |
| 20-6291 | Christopher Stacy v. United States | Eleventh Circuit | 2020-11-12 | Denied | Relisted (2)IFP | criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines | Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle… |
| 20-6192 | Jamal Aikeem Hutchinson v. United States | Eleventh Circuit | 2020-11-02 | Denied | Relisted (2)IFP | appellate-review constitutional-law criminal-law criminal-procedure due-process firearms guilty-plea henderson-v-morgan plain-error plain-error-review statutory-interpretation | In Rehaif v. United States, this Court held that "in a prosecution under 18 U.S.C. § 922(g) and § 924(a)(2), the Government must prove both that the d… |
| 20-6162 | Frank Trujillo v. United States | Tenth Circuit | 2020-10-29 | Denied | Relisted (2)IFP | criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review | When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of… |
| 20-6121 | Jesus Adam Lizarraga v. United States | Eighth Circuit | 2020-10-23 | Denied | Response WaivedIFP | certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default | Whether the Eight Circuit's denial of a certificate of appealability, where the district court summarily denied Mr. Lizarraga's motion to vacate, base… |
| 20-6109 | Rashawn D. Watson v. United States | Sixth Circuit | 2020-10-22 | Denied | Relisted (3)IFP | criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states | A. Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated when (1) t… |
| 20-6106 | Rafael Cruz v. United States | Fifth Circuit | 2020-10-21 | Denied | Response WaivedIFP | civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness | When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced t… |
| 20-6018 | Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2020-10-15 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining | 1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily? 2. Is the Due Process … |
| 20-5852 | Robert Louis Brandon v. United States | Fifth Circuit | 2020-09-30 | Denied | Relisted (3)IFP | appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error | 1. Is a district court's error under Rehaif v. United States, 139 S. Ct. 2191 (2019), a structural error that warrants automatic reversal of a guilty … |
| 20-5824 | Trenard Caldwell v. United States | Eleventh Circuit | 2020-09-28 | Denied | Relisted (3)IFP | criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error | Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that … |
| 20-5812 | Jason Andrew Dunlap v. United States | Ninth Circuit | 2020-09-25 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines | Do the sentencing Guidelines limit the maximum offense level to 43, so that, from that highest level, there is a reduction when a defendant accepts re… |
| 20-5796 | Isaac Thomas v. United States | Eleventh Circuit | 2020-09-24 | Denied | Relisted (3)IFP | 922(g)(1) 922(q)(2)(A) commerce-clause due-process guilty-plea rehaif-v-united-states | 1. Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the ess… |
| 20-5760 | Daniel Carl Frederickson v. California | California | 2020-09-21 | Denied | IFP | capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment | Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am… |
| 20-5746 | Brandon Thomas Finnesy v. United States | Tenth Circuit | 2020-09-17 | Denied | IFP | 28-usc-636 consent-jurisdiction criminal-procedure federal-courts federal-criminal-procedure guilty-plea judicial-consent magistrate-judge statutory-interpretation | Whether 28 U.S.C. § 636(b)(3) authorizes a federal magistrate judge to accept a guilty plea with the parties' consent? |
| 20-5719 | Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-09-16 | Denied | Response WaivedIFP | certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining | Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims th… |
| 20-5691 | In Re Freeman Berry | 2020-09-14 | Denied | IFP | constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement | the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted. Does the United States Government retain contain… | |
| 20-5666 | Cristian Mendoza v. United States | Fifth Circuit | 2020-09-11 | Denied | Response WaivedIFP | acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range | 1. A defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of respon… |
| 20-5577 | Malik Timbers v. United States | Eleventh Circuit | 2020-09-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement | I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT TIMBERS' GUILTY PLEA WAS VOLUNTARY AND THE SENTENCE-AP… |
| 20-5499 | Savannah Rolle v. United States | Eleventh Circuit | 2020-08-26 | Denied | Relisted (3)IFP | criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur | Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent… |
| 20-5489 | Rodney Lavalais v. United States | Fifth Circuit | 2020-08-25 | Denied | Relisted (3)IFP | 2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error | 1. When it is undisputed that a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic reversa… |
| 20-5473 | Andres Chavez v. United States | Fifth Circuit | 2020-08-24 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing | I. WHETHER CHAVEZ WAS DENIED DUE PROCESS WHEN HE WAS MISLEAD INTO ENTERING A GUILTY PLEA; BECAUSE COUNSEL FAILED TO REVIEW THE PSR WITH HIM AND FAILED… |
| 20-5427 | Josiah Daniel Porter v. Illinois | Illinois | 2020-08-20 | Denied | Response WaivedIFP | criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment | Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions addre… |
| 20-5404 | Jermaine Isaac Ross v. United States | Eleventh Circuit | 2020-08-19 | Denied | Relisted (3)IFP | armed-career-criminal-act criminal-procedure due-process guilty-plea non-elemental-facts prior-offenses rehaif-v-united-states sentencing-enhancement serious-drug-offense | 1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elem… |
| 20-171 | Isaac L. Hobbs v. United States | Sixth Circuit | 2020-08-17 | Denied | Relisted (3) | 18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error | Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S… |
| 20-120 | Alfredo Juarez v. Colorado | Colorado | 2020-08-04 | Denied | Response RequestedResponse WaivedRelisted (2) | criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment | When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen… |
| 20-5218 | Daniel Page v. Renee Baker, Warden, et al. | Ninth Circuit | 2020-07-30 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel | 1. Whether the Ninth Circuit erred by denying a certificate of appealability on the question of whether the trial court should have granted Mr. Page's… |
| 20-5105 | David Scott Temple v. Darrel Vannoy, Warden | Fifth Circuit | 2020-07-17 | Denied | Response WaivedIFP | constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington | 1. Reasonable jurists would determine that Mr. Temple was denied effective assistance of counsel as guaranteed by the Sixth Amendment to the United St… |
| 20-5042 | Julian Silva-Aguilar v. United States | Ninth Circuit | 2020-07-13 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent | In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the … |
| 20-5015 | James Latron Sumter v. United States | Fourth Circuit | 2020-07-09 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing | 1. WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING NOT ALLOWING SUMTER TO WITHDRAW HIS GUILTY PLEA? 2. WHETHER THE APPELLA… |
| 19-1457 | Matthew Hudak v. Illinois | Illinois | 2020-07-06 | Denied | brady-obligations due-process exculpatory-evidence exculpatory-material guilty-plea impeachment-evidence prosecutorial-misconduct | 1. Whether the prosecution's Brady obligetions allow the prosecution to deliberately suppress relevant impeachment or exculpatory material before a gu… | |
| 19-8816 | Willie Edward Blackshire v. United States | Eleventh Circuit | 2020-06-25 | Denied | Relisted (3)IFP | circuit-split constitutional-validity due-process guilty-plea henderson-v-morgan rehaif-standard rehaif-v-united-states structural-error | This Court has long held that, for a guilty plea to satisfy constitutional due process requirements, the defendant must have been informed of all elem… |
| 19-8730 | Westley Kennedy v. United States | Eleventh Circuit | 2020-06-17 | Denied | Response WaivedIFP | 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error | The Sixth Amendment guaranteed Westley Kennedy the right to counsel with undivided loyalties. The government knew that Kennedy's court-appointed lawye… |
| 19-8649 | Angelo Johnson v. United States | Eighth Circuit | 2020-06-13 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission | Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty… |
| 19-8635 | Kenneth Brown v. Kentucky | Kentucky | 2020-06-08 | Denied | Response RequestedRelisted (2)IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington | 1. Should a court be allowed to deny the withdrawl of a defendant's guilty plea,- when it is clear that the plea was not entered voluntarily, and wi… |
| 19-8593 | Damon Christopher Crim v. Ohio | Ohio | 2020-06-03 | Denied | Response WaivedIFP | criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment | I. When the record reveals that a criminal defendant misunderstands a key element of a plea bargain is his guilty plea void? II. When defense counsel… |
| 19-8579 | Jonathan Frank Davis v. United States | Ninth Circuit | 2020-06-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea | Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-8553 | Devian Phillips v. Ohio | Ohio | 2020-05-28 | Denied | IFP | constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise | Whether guilty plea is voluntarily and intelligently made, which rests on a promise or agreement of the prosecutor, which can be said to be part of th… |
| 19-8274 | Tracy Anthony Scott v. United States | Eleventh Circuit | 2020-04-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment | Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? Is Florida § 893.13 categorically a qu… |
| 19-8098 | Juan Carlos Rodriguez v. United States | Ninth Circuit | 2020-03-24 | Denied | Response WaivedIFP | concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences | This case concerns petitioner's claim that he was misled concerning the sentencing consequences of his guilty plea to a conspiracy charge. The questi… |
| 19-7985 | Charles Ray Hooper v. United States | Fifth Circuit | 2020-03-16 | Denied | Response WaivedIFP | brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct | 1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the d… |
| 19-7991 | Oscar Garcia v. United States | Tenth Circuit | 2020-03-16 | Denied | IFP | article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 | Whether or not a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent such that it cannot be withdrawn for … |
| 19-7840 | Victor Dewayne Jones v. Joe Errington | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel | whather Petitioner was denied his right to bue Process of Law where the pike counts Circuit court convicted Petitioner with out a Mental Evaluation an… |
| 19-1068 | Keith Inchierchiere v. Florida Department of Corrections, et al. | Eleventh Circuit | 2020-02-28 | Denied | Response Waived | attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights | 1. Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiv… |
| 19-7823 | Seth A. Weaver v. Illinois | Illinois | 2020-02-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea | 1. Does Illinois ignorance of the law theory as applied to successive post-conviction petitioners deny them relief from constitutionally unsound guil… |
| 19-1050 | Kyle Brooks v. Colorado | Colorado | 2020-02-24 | Denied | Response Waived | allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea | Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime.… |
| 19-1052 | Andre G. Dewberry v. United States | Eighth Circuit | 2020-02-24 | Denied | appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver | Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself. | |
| 19-997 | Gary S. Williky v. Securities and Exchange Commission | Seventh Circuit | 2020-02-10 | Denied | Response RequestedResponse WaivedRelisted (2) | appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower | Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W… |
| 19-7575 | Rashaun Scott Carter v. United States | Fourth Circuit | 2020-02-05 | Denied | Response WaivedIFP | appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing | Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc… |
| 19-7398 | Andrew James Gibbons v. Nate Knutson, Warden | Eighth Circuit | 2020-01-24 | Denied | IFP | guilty-plea habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel knaffla-bar mental-illness mental-illness-defense Opsahi-rule procedural-default Spears-rule state-procedural-rule | 1. Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defens… |
| 19-7194 | Juan Carlos Vazquez v. South Carolina | South Carolina | 2020-01-07 | Denied | Response WaivedIFP | constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea | DOES THE EVIDENCE IN THE RECORD THAT PETITIONER DOES NOT UNDERSTAND ENGLISH PLAINLY SHOWS THAT ANY ADMISSION AT THE GUILTY PLEA HEARING COULD NOT RE… |
| 19-7161 | Aaron Michael Murray v. United States | Eleventh Circuit | 2020-01-03 | Denied | Response WaivedIFP | burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea | Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-7146 | David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. | Third Circuit | 2020-01-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights | 1. Was the petitioner's counsel ineffective in pre-trial stages? 2. Was the petitioner's counsel ineffective during the plea-bargaining process? 3. … |
| 19-7011 | Carl Golden v. United States | Eleventh Circuit | 2019-12-19 | Denied | IFP | constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states | Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty? Is Florida § 893.13 categorically a ser… |
| 19-6951 | Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-12-18 | Denied | IFP | 28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation | Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, John Nathan … |
| 19-6984 | Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. | Third Circuit | 2019-12-18 | Denied | IFP | certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default | 1 -) Does Martinez v. Ryan / 566 U.S. 1 (2012) excuse a procedural default in a Federal Habeas Corpus proceeding where Post Conviction relief Counsel… |
| 19-746 | Oliver Ray Carbutt v. Colorado | Colorado | 2019-12-11 | Denied | Response Waived | criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses | I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including ques… |
| 19-6899 | Jose Luis Meza-Lopez v. United States | Eighth Circuit | 2019-12-10 | Denied | Response WaivedIFP | concealment constitutional-rights criminal-law criminal-procedure cuellar-v-united-states due-process guilty-plea ineffective-assistance-of-counsel ineffective-counsel money-laundering transportation | Does the Court's holding in Cuellar v. United States, Require more than a finding of concealing something for transportation to show money laundering;… |
| 19-6717 | Jess Lee Green v. Mississippi | Mississippi | 2019-11-22 | Denied | Response WaivedIFP | constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights | I. Is the right to due process at trial and/or during guilty plea process a fundamental constitutional right ? |
| 19-6665 | Wesley Harlan Kingsbury v. United States | Ninth Circuit | 2019-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness | The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate… |
| 19-6576 | James Marvin Reed v. United States | Eighth Circuit | 2019-11-12 | Denied | Response WaivedIFP | blackledge-v-perry circuit-court-review district-court district-court-power eighth-circuit guilty-plea jurisdictional-challenge penson-review subject-matter-jurisdiction united-states-v-cotton waiver | It is well settled that subject-matter jurisdictional challenges cannot be waived. The Eighth Circuit ruled that Reed's jurisdictional challenged ) we… |
| 19-6560 | Matthew Joseph Lucio v. United States | Fifth Circuit | 2019-11-08 | Denied | Response WaivedIFP | consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals | Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen… |
| 19-6551 | Neil Timothy Aho v. United States | Eleventh Circuit | 2019-11-07 | Denied | Response WaivedIFP | appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea | Issue 1: Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his… |
| 19-6525 | Sean Trent Barnes v. United States | Fourth Circuit | 2019-11-06 | Denied | Response WaivedIFP | abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement | The issue subsuming all other issues in this appeal is whether I. or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus tody as a federal… |
| 19-6471 | Diego Alonso Lozano-Perez v. United States | Ninth Circuit | 2019-11-01 | Denied | Response WaivedIFP | constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea | Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 19-6445 | Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States | Ninth Circuit | 2019-10-30 | Denied | Response WaivedIFP | 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error | (1) Whether denial of a right to self-representation during sentencing is subject to harmless error analysis as held by the Ninth Circuit, or subject … |
| 19-6346 | Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-10-22 | Denied | IFP | 14th-amendment aedpa aedpa-deference attorney-perjury due-process guilty-plea ineffective-assistance-of-counsel mental-disorders perjury plea-voluntariness strickland-v-washington trial-attorney-perjury | 1. Does deference provided from AEDPA and Strickland v Washington, 466 US 668 (1984) apply when there is evidence of trial attorney perjury before the… |
| 19-5995 | Jason L. Clark v. United States | Eighth Circuit | 2019-09-18 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction | DOES A GUILTY PLEA BAR A CRIMINAL DEFENDANT FROM LATER COLLATERAL ATTACK ON HIS CONVICTION ON THE GROUND THAT THE STATUTE OF CONVICTION VIOLATES THE C… |
| 19-5965 | Robert Jessie Hill v. Washington | Washington | 2019-09-17 | Denied | IFP | civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing | (A). When a defendant pleads guilty to a charge, in addition to the "direct" and "collateral" consequences of the party does the Fourteenth Amendment … |
| 19-5949 | Marcelino Martinez v. United States | Fifth Circuit | 2019-09-16 | Denied | IFP | criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights | 1) When a district court violates Rule 11(c)(1) of the Federal Rules of Criminal Procedure by interfering in plea negotiations, can a defendant ordina… |
| 19-5842 | William Sim Spencer v. Michigan | Michigan | 2019-09-06 | Denied | Response WaivedIFP | actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations | WHERE IT CAN BE SHOWN THATTHE ORDER TO REGISTER AS A SEX OFFENDER IS NOT LIMITED IN SCOPE TO STAND ON A VALID GUILTY PLEA SUPPORTED BY THE EFFECTIVE … |
| 19-5830 | William H. Danielson v. New York | New York | 2019-09-05 | Denied | Response WaivedIFP | appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal | 1) Should judicial misconduct survive a waiver of appeal and guilty plea? 2) Should prosecutorial misconduct survive a waiver of appeal and guilty pl… |
| 19-5767 | Virgil Lee Bailey v. United States | Fifth Circuit | 2019-08-30 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana | I. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana,… |
| 19-5656 | Armando J. Mena v. Rosemary Ndoh, Warden | Ninth Circuit | 2019-08-21 | Denied | Response WaivedIFP | constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review | Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent… |
| 19-5572 | Rickie Markiece Atkinson v. United States | Fourth Circuit | 2019-08-13 | GVR | IFP | 18-usc-922g armed-career-criminal-act breaking-and-entering burglary categorical-approach circuit-precedent fourth-amendment guilty-plea north-carolina-breaking-or-entering rehaif-standard rehaif-v-united-states statutory-interpretation | I. Whether North Carolina breaking or entering, which criminalizes, among other things, the breaking or entering into "any other structure designed to… |
| 19-5581 | William Henry Stephens, Jr. v. United States | Fourth Circuit | 2019-08-13 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness | Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently. |
| 19-5413 | John Thomas Rooney v. Georgia | Georgia | 2019-08-01 | Denied | Relisted (2)IFP | appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction | Can convictions and sentences imposed by a State Trial Court without Constitutional or Statutory subject-matter jurisdiction or due to an Unconstituti… |
| 19-5387 | Shevaun E. Browne v. United States | Third Circuit | 2019-07-29 | Denied | Response WaivedIFP | cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel | WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE THIRD CIRCUIT AFFIRMED THE DISTRICT COURT'S RULING THAT TRIAL COUNSEL WAS NOT INEFFECTIVE FOR FA… |
| 19-5289 | Pharoah Brazell v. Louisiana | Louisiana | 2019-07-23 | Denied | Response WaivedIFP | constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing | I. Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? II. Is Pe… |
| 19-5216 | Nicholas Pagliuca v. United States | Second Circuit | 2019-07-17 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states | Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5131 | Steven L. Rackley v. Brigham Sloan, Warden | Sixth Circuit | 2019-07-10 | Denied | Response WaivedIFP | actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations | The question of whether the District Court properly applied the statue of limitations to Rackley's habeas petition in Respondent's first order by th… |
| 18-9845 | Bradley Joseph Vanzant v. Keith Yordy, Warden | Ninth Circuit | 2019-06-27 | Denied | Response WaivedIFP | 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error | 1. STATE Docket No. 44269 SUPREMECOURT (IcahO) 2. Denial Umpublished opinion February Ist 2017 Court 3. of Appeals. Petition for Review timely submitt… |
| 18-9783 | Nasser Ghelichkhani v. United States | Eleventh Circuit | 2019-06-25 | Denied | Response WaivedRelisted (2)IFP | constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining | 1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appea… |
| 18-9748 | George Hernandez v. United States | Ninth Circuit | 2019-06-20 | Denied | Response WaivedIFP | confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea | GIVEN GOVERNMENT DISCOVERY DISCLOSURE PRACTICES RELATING TO ITS USE OF CONFIDENTIAL INFORMANTS, DOES THE "FAIR AND JUST REASON" STANDARD FOR WITHDRAWA… |
| 18A1333 | Alfredo Beltran Leyva v. United States | District of Columbia | 2019-06-19 | Presumed Complete | criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing | Question not identified. | |
| 18-9642 | Jeffrey Benton v. United States | Second Circuit | 2019-06-12 | Denied | Response WaivedIFP | appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights | 1. Whether in light of Class v. United States, 138 S.Ct. 798 (2018), a defendant who enters an unconditional guilty plea and waives appeal, yet wishes… |
| 18-9572 | William Paul Cox, Jr. v. United States | Ninth Circuit | 2019-06-06 | Denied | Response WaivedIFP | 18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls | WHETHER PETITIONER, AN ARRESTED AND PREVIOUSLY CONVICTED FELON, HAD AN ENFORCEABLE CLAIM UNDER THE STORED COMMUNICATIONS ACT FOR SUPPRESSION OF PHONE … |
| 18-1494 | Michael Steven Beeman v. United States | Fourth Circuit | 2019-05-31 | Denied | Response Waived | counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance | Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt… |
| 18-1499 | Umesh Kaushal v. Indiana | Indiana | 2019-05-31 | Denied | Response WaivedRelisted (2) | due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment | 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a tri… |
| 18-9304 | Abel De Leon v. United States | Fifth Circuit | 2019-05-16 | Denied | Response WaivedIFP | criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal | Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1), which provides… |
| 18-9255 | Santosh Ram v. United States | Eighth Circuit | 2019-05-14 | Rehearing | Response WaivedRelisted (2)IFP | criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines | Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-9206 | Mitchell Felix Brooks v. United States | Fourth Circuit | 2019-05-08 | Denied | Response WaivedIFP | civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts | (1) Whether the District Court Judge abused its discretion in violation pursuant to Rule 11, United States v. McCarthy "62 interrogation questions" ma… |
| 18-9147 | Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-05-06 | Denied | Relisted (2)IFP | 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent | 1) WAS THE FEDERAL DISTRICT COURT'S FINDING AND THE FIFTH CIRCUIT COURT'S FINDING CONTRARY TO THE PRECEDENT OF THE SUPREME COURT, AS WELL AS A VIOLATI… |
| 18-9108 | Milton Mitchell v. Glen Johnson, Warden | Eleventh Circuit | 2019-05-03 | Denied | IFP | appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance | WHEATHER TRE LOWER COURTS ERRED IN : Falling to oRdDER THE RESPONDENT +o Show - CAUSE And PROVIDE. LNDOIctments, TRIaL . TRiaL TRANSCRIPTS, Habeas CO… |
| 18-9133 | Abdul Karim Bangura v. United States | Fourth Circuit | 2019-05-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal | I. THE 4 CIRCUIT ERRED WHEN IT DID NOT OVERTURN THE DISTRICT COURT'S DENIAL OF BANGURA's MOTION TO WITHDRAW HIS GUILTY PLEA BECAUSE THE MOTION WAS FIL… |
| 18-9004 | Vaughn S. Archer v. Daniel Paramo, Warden | Ninth Circuit | 2019-04-29 | Denied | Response WaivedIFP | boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement | (1) Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of … |
| 18-9020 | Michael Marshall v. United States | Fourth Circuit | 2019-04-26 | Denied | Response WaivedIFP | appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing | Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid. |
| 18-8963 | Jose Cobian v. Illinois | Illinois | 2019-04-24 | Denied | Response WaivedIFP | 730-ilcs-5-5-9-1-1 apprendi constitutional-challenge criminal-fines due-process guilty-plea sentencing southern-union-co-v-united-states standing statutory-interpretation supreme-court-precedent | 1. Whether the U.S. Supreme Court's holding in Southern Union Co. v. United States, 567 U.S. •-. has clarified that criminal fines are subject to the … |
| 18-8969 | Ronald Lunsford, Jr. v. Indiana | Indiana | 2019-04-23 | Denied | IFP | criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment | Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend… |
| 18-8912 | Cirilo Flores v. United States | Third Circuit | 2019-04-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea | (1) WHETHER OR NOT THE GUILTY PLEA ENTERED WAS LEGAL WHENPETITIONER DID NOT FULLY UNDERSTAND, KNOW OR INTELLIGENTLY ACCEPT VOLUNTARY THE GUILTY PLEA A… |
| 18-8828 | Dante Overby v. Pennsylvania | Pennsylvania | 2019-04-15 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial | DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" VIOLATE THE 6th AMENDMENT? WHERE THE GUILTY PLEA WAS RULED INVOLUNTARY, BUT THE COURT FAILED TO… |
| 18-8816 | Charles Ray Hooper v. United States | Fifth Circuit | 2019-04-12 | Denied | Response WaivedIFP | 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness | Where an appellate court, in connection with an application for a Certificate of Appealability ("COA"), decides that circuit precedent precludes the u… |
| 18-8741 | Francisco Frank Apodaca, Jr. v. United States | Fifth Circuit | 2019-04-09 | Denied | Response WaivedIFP | association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union | 1. Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the "enterprise" definition of the RICO… |
| 18-8677 | Patrick Lloyd v. United States | Second Circuit | 2019-04-02 | Denied | IFP | circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez | Whether Dominguez BenItez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court… |
| 18-8641 | Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-01 | Denied | IFP | constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights | QUESTION ONE IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHE… |
| 18-8649 | Bradley Cobbler, aka B-Rad v. United States | District of Columbia | 2019-04-01 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea | Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty? |
| 18-8501 | Mohammed Bah v. United States | Eleventh Circuit | 2019-03-21 | Denied | Response WaivedIFP | constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice | 1. Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in a unreasonabl… |
| 18-8473 | Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi | Mississippi | 2019-03-19 | Denied | Response WaivedIFP | civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing | 1. Did Brown have a Constitutional right to have a competency hearing before he plead guilty, where Brown was granted two (2) court orders for a menta… |
| 18-8378 | Garron T. Briggs v. United States | Eighth Circuit | 2019-03-11 | Denied | Response WaivedIFP | acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington | Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t… |
| 18-8176 | Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2019-02-28 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment | Petitioner's Constitutional Rights were violated when he guilty plea was not knowingly and intelligently made when the details of the guilty plea were… |
| 18-8198 | Brandon Lisi v. United States | Second Circuit | 2019-02-28 | Denied | Response WaivedIFP | appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge | Whether the United States Court of Appeals for the Second Circuit committed reversible error by denying Petitioner's timely filed Petition for Reheari… |
| 18-8168 | Billy Long v. Pennsylvania | Pennsylvania | 2019-02-27 | Denied | Response WaivedIFP | due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea | WHETHER THIS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING… |
| 18-8063 | Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-02-25 | Denied | IFP | aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment | In Texas, a person who commits aggravated assault - family violence by causing serious bodily injury to his girlfriend with a deadly weapon is subject… |
| 18-8024 | Alex Rodriguez v. New Jersey | New Jersey | 2019-02-19 | Denied | Relisted (3)IFP | constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment | THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND… |
| 18-7958 | John Lohmeier v. United States | Seventh Circuit | 2019-02-14 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington | Was Petitioner's plea of guilty knowingly and voluntarily entered where counsel's failure to inform petitioner that all offenses charged in the indict… |
| 18-7947 | Tyrone Garden v. Massachusetts | Massachusetts | 2019-02-13 | Denied | Response WaivedIFP | constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington | 1. Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty did Garden have t… |
| 18-7900 | Jorge Ernesto Blanco-Rodriguez v. United States | Fifth Circuit | 2019-02-11 | Denied | Response WaivedIFP | criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power | In the Padilla v. Kentucky, 559 U.S. 356 (2010), this Honorable Court held that a criminal defense lawyer is ineffective when the lawyer fails to advi… |
| 18-7901 | Darrius DaJuan Cohee v. James Yates, Warden | Tenth Circuit | 2019-02-11 | Denied | IFP | abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal | Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea After Petitioner Specifically Requested For Couns… |
| 18-7616 | Rodrigo Tovar Pupo v. United States | District of Columbia | 2019-02-01 | Denied | Response WaivedIFP | appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines | If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe… |
| 18-7727 | Gregory Hatt v. United States | Fourth Circuit | 2019-02-01 | Denied | Response WaivedIFP | criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment | Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple… |
| 18-7662 | Nolan Lewis v. United States | Ninth Circuit | 2019-01-30 | Denied | Response WaivedIFP | abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing | A. Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in fa… |
| 18-7504 | Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections | Tenth Circuit | 2019-01-18 | Denied | IFP | circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation | WHETHER THE TENTH CIRCUIT COURT OF APPEALS ERRED BY NOT REVERSING THE TRIAL COURTS ORDER DENYING PETITIONER HIS RIGHT TO WITHDRAWAL OF THE GUILTY PLEA… |
| 18-7439 | Gregory M. Ward v. United States | Fifth Circuit | 2019-01-16 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel | Petitioner contends that his trial counsel, Eddie Jordan, was ineftective because he: erroneously advised Petitioner that, by pleading guilty without … |
| 18-7150 | Daniel Hostetler v. Kentucky | Kentucky | 2018-12-20 | Denied | Response WaivedIFP | brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression | (1) Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later … |
| 18-7072 | Kenneth Harper v. United States | Second Circuit | 2018-12-17 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines | Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu… |
| 18-7035 | Eminiano A. Reodica v. United States | Ninth Circuit | 2018-12-14 | Denied | Response WaivedIFP | criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 | Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri… |
| 18-6846 | Luis A. Pena v. Maryland | Maryland | 2018-11-27 | Denied | Response WaivedIFP | appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness | I. Whether The Maryland Appellate Courts In Concluding Pena Failed To Sustain His Burden Of Proving He Did Not Voluntarily And Knowingly Enter A Guilt… |
| 18-6772 | Donovan Grant v. United States | First Circuit | 2018-11-21 | Denied | IFP | appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court | The First Circuit affirmed a conviction for money laundering based on a financial transaction that was a different financial transaction from the one … |
| 18-6744 | Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division | Fifth Circuit | 2018-11-20 | Denied | IFP | consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p | Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? Whether the Unite… |
| 18-6633 | Keith Fremin v. Robert C. Tanner, Warden | Fifth Circuit | 2018-11-08 | Denied | IFP | castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing | Whether the 22nd Judicial District Court failed to uphold the plea agreement in exchange for a guilty plea? Whether Counsel for the Petitioner was in… |
| 18-6563 | Jesus R. Gonzalez-Negron v. United States | First Circuit | 2018-11-06 | Denied | IFP | criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation | Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear… |
| 18-6580 | Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. | Georgia | 2018-11-06 | Denied | Response WaivedIFP | criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment | 1. The constitution requires special consideration in assessing the accuseds conduct in guilty pleas especially when parole consequences is adetermina… |
| 18-6568 | Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2018-11-05 | Denied | IFP | competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence | Defendants have a right to be competent at all stages of criminal proceedings. Because defense counsel has the most exposure to the defendant, the pri… |
| 18-6553 | Michael Founier Dixon, aka Michael Fournier Dixon v. Texas | Texas | 2018-11-02 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing | PlEA AgReemeNts At "ANy" stagE duRinNg the CRimiNs pRocess CAUSE the defendant Harm; considering that they All contrined a factually iNsufficint deadl… |
| 18-6511 | In Re Ken Ejimofor Ezeah | 2018-10-30 | Denied | Response WaivedIFP | actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy | (1)WHETHER THIS COURT SHOULD EXPAND THE FRAME-WORK DECIDED IN "UNITED STATES V. HAHN",IN THE TENTH CIRCUITS DETERMINATION OF A KNOWING AND VOLUNTARILY… | |
| 18-6334 | Ahkeem Wiggins v. Robert C. Tanner, Warden | Fifth Circuit | 2018-10-16 | Denied | Response WaivedIFP | constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing | The 1st Judicial District Court, Parish of Caddo, State of Louisiana was without jurisdiction to accept guilty plea to enhancement penalty under Louis… |
| 18-6279 | Samuel Kwushue v. United States | Eleventh Circuit | 2018-10-11 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud | Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit… |
| 18-6240 | Darryl Johnson v. United States | Second Circuit | 2018-10-09 | Denied | Response WaivedIFP | appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing | Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court failed to advise the petitioner c… |
| 18-6222 | Donte Timothy Bacon v. United States | Sixth Circuit | 2018-10-04 | Denied | Response WaivedIFP | as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez | Consistent with Class v. United States, 583 U.S. _, 138 S.Ct. 798 (2018), are as-applied constitutional challenges to statutes of conviction waived by… |
| 18-6147 | Macking Nettles v. Connie Horton, Warden | Sixth Circuit | 2018-10-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | aedpa due-process guilty-plea habeas-corpus mental-incompetence procedural-bar substantive-due-process time-limit | I. Whether a procedural bar or the AEDPA time limit apply to the substantive due process mental incompetence issue that petitioner plead guilty while … |
| 18-6093 | Brian Tate v. Maryland | Maryland | 2018-09-26 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights developmental-capacity diminished-capacity due-process fifth-amendment fourteenth-amendment guilty-plea juvenile-defendant juvenile-justice maryland-rule-4-242(c) mental-illness | Whether the Due Process Clause of the Fifth Amendment, applicable to the States through the Fourteenth Amendment, and MARYLAND RULE 4-242(c), requires… |
| 18-6081 | Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2018-09-24 | Denied | Response WaivedIFP | cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report | I. Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea in light of a psychiatric report… |
| 18-6053 | Donald Lee Kissner v. Michigan | Michigan | 2018-09-20 | Denied | IFP | due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel | Whether the Petitioner has a due process right to effective assistance pursuant to Lee vs. united states, 583 U.5-; 1375.C7 1958 (2017). whether the … |
| 18-5982 | Todd F. Britton-Harr v. United States | Fifth Circuit | 2018-09-18 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment | Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a "reasonable person" would have… |
| 18-5926 | Darnell Wilkins v. Jay Lane, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2018-09-12 | Denied | IFP | civil-rights criminal-procedure due-process equitable-tolling guilty-plea habeas-corpus mental-health mental-incapacity pcra psychotropic-medications standing | DID PETITIONER'S MENTAL INCAPACITY DID NOT ENTITLE HIM TO EQUITABLE TOLLING? WERE THE PETITIONER'S PCRA AND APPELLATE RIGHTS VIOLATED AS HIS GUILTY P… |
| 18-5846 | Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States | District of Columbia | 2018-08-30 | Denied | Response WaivedIFP | 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing | I. Whether this Court should grant certiorari to determine whether the Petitioner should have been allowed to withdraw his guilty plea based on ineffe… |
| 18-5814 | Bobby Cruz v. United States | Seventh Circuit | 2018-08-29 | Denied | Response WaivedIFP | certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 | DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CURZ A CERTIFICATE OF APPEALABILITY CONCERNING THE DISTRICT COURT'S DENYING CRUZ'S AMEND… |
| 18-5771 | Jim Walter Qualls, Jr. v. United States | Tenth Circuit | 2018-08-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation | Whether the Supreme Court should resolve a conflict among the Circuit Courts of Appeals, and find that the Tenth Circuit erred in affirming Petitioner… |
| 18-5744 | Arthur Lawton Clark v. Walter Berry, Warden, et al. | Eleventh Circuit | 2018-08-24 | Denied | Response WaivedIFP | 14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default | Why do the fed.District Courts and the 11th Cir. Court of Appeals apparently agree that I have only stated that petitioner's indictment is simply "Fla… |
| 18-227 | Justin Michael Wolfe v. Virginia | Virginia | 2018-08-22 | GVR | Response RequestedResponse WaivedRelisted (2) | appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution | Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute ba… |
| 18-5662 | Myrna Diaz v. New Jersey | New Jersey | 2018-08-20 | Denied | IFP | constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law | DID THE STAFF OF THE "PROJECT FREEDOM FUND" WHO PROVIDED FAULTY LEGAL ADVICE TO PETITIONER, AND THUS INDUCED HER TO WITHDRAW A GUILTY PLEA FOR WHICH S… |
| 18-5256 | Brandon Wade Moragne-El v. Pennsylvania | Pennsylvania | 2018-07-19 | Denied | IFP | constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court | 1. Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the S… |
| 18-5162 | Ellord Wells v. Mary Potter, Warden | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment | Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o… |
| 18-5 | Dennis Riley v. Ohio | Washington | 2018-07-02 | Denied | Response Waived | brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct | 1. Whether the court of appeals erroneously ruled that a defendant is not entitled to impeachment or exculpatory evidence if he pleads guilty at any s… |
| 18-5071 | Juan Carlos Vazquez v. South Carolina | South Carolina | 2018-07-02 | Denied | Response RequestedRelisted (2)IFP | deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment | WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD PLAINLY SHOWS IN ENGLISH THAT … |
| 18-5072 | Jill M. Evans v. United States | Tenth Circuit | 2018-07-02 | Denied | Response WaivedIFP | acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses | Under the Federal Sentencing Guidelines, should a defendant be entitled to credit under the acceptance of responsibility guideline (USSG §3E1.1) if sh… |